Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 23615 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

Modified 

Communities affected 

Playa Lake 8 ............................. Approximately 100 feet south of FM 2186 and 335 South 

Loop.

+3681 City of Amarillo, Unincorporated Areas of Randall 

County. 

Playa Lake 9 ............................. Approximately 480 feet north of the intersection of West 

Sundown Street and Elaine Street.

+3683 Unincorporated Areas of 

Randall County. 

Prairie Dog Town Fork of Red 

River.

Approximately 100 feet downstream of the intersection of 

Exmoor Road and Canyon Creek Road.

+3395 Unincorporated Areas of 

Randall County, Village of 

Lake Tanglewood, Village 

of Palisades. 

At the confluence with Tierra Blanca Creek ....................... +3484 

Tierra Blanca Creek .................. At the confluence with Palo Duro Creek ............................. +3484 City of Canyon, Unincorporated Areas of Randall 

County. 

Approximately 1,500 feet downstream of Gordon 

Cummings Road.

+3547 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Amarillo 

Maps are available for inspection at 509 Southeast 7th Avenue, Amarillo, TX 79101. 

City of Canyon 

Maps are available for inspection at 301 16th Street, Canyon, TX 79015. 

Unincorporated Areas of Randall County 

Maps are available for inspection at 301 Highway 60, Canyon, TX 79015. 

Village of Lake Tanglewood 

Maps are available for inspection at 1000 Tanglewood Drive, Amarillo, TX 79118. 

Village of Palisades 

Maps are available for inspection at 115 Brentwood Road, Amarillo, TX 79118. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: April 27, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–10387 Filed 5–3–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 0809121213–9221–02] 

RIN 0648–AY82 

Magnuson-Stevens Act Provisions; 

Fisheries off West Coast States; 

Pacific Coast Groundfish Fishery; 

Biennial Specifications and 

Management Measures; Inseason 

Adjustments; Pacific Halibut Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to management measures; 

announcement of elimination of 

incidental Pacific halibut retention 

allowance; request for comments. 

SUMMARY: This final rule announces two 

actions: an inseason change to the 

regulations regarding the retention of 

Pacific halibut landed incidentally in 

the limited entry fixed gear primary 

sablefish fishery north of Pt. Chehalis, 

Washington (46°53.30′ N. lat.); and an 

inseason change to the cumulative limit 

for minor slope rockfish and 

darkblotched rockfish north of 40°10.00′ 

N. lat. in the commercial Pacific Coast 

groundfish limited entry trawl fishery. 

These actions, which are authorized by 

the Pacific Coast Groundfish Fishery 

Management Plan (FMP), are intended 

to prevent exceeding the 2010 Area 2A 

Pacific halibut quota and to prevent 

exceeding the 2010 OY for darkblotched 

rockfish, an overfished species. 

DATES: Effective 0001 hours (local time) 

May 1, 2010. Comments on this final 

rule must be received no later than 5 

p.m., local time on June 3, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AY82 by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

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23616 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 

• Fax: 206–526–6736, Attn: Gretchen 

Hanshew. 

• Mail: Barry A. Thom, Acting 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–0070, Attn: 

Gretchen Hanshew. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Hanshew (Northwest Region, 

NMFS), phone: 206–526–6147, fax: 206– 

526–6736 and e-mail 

gretchen.hanshew@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http:// 

www.gpoaccess.gov/fr/index.html. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s Web site at 

http://www.pcouncil.org/. 

Background 

The Pacific Coast Groundfish FMP 

and its implementing regulations at title 

50 in the Code of Federal Regulations 

(CFR), part 660, subpart G, regulate 

fishing for over 90 species of groundfish 

off the coasts of Washington, Oregon, 

and California. Groundfish 

specifications and management 

measures are developed by the Pacific 

Fishery Management Council (Council), 

and are implemented by NMFS. A 

proposed rule to implement the 2009– 

2010 groundfish harvest specifications 

and management measures was 

published on December 31, 2008, (73 FR 

80516). The final rule to implement the 

2009–2010 specifications and 

management measures for the Pacific 

Coast Groundfish Fishery was published 

on March 6, 2009 (74 FR 9874). This 

final rule was subsequently amended by 

inseason actions on April 27, 2009 (74 

FR 19011), July 6, 2009 (74 FR 31874), 

October 28, 2009 (74 FR 55468), and 

February 26, 2010 (75 FR 8820). 

Additional changes to the 2009–2010 

specifications and management 

measures for petrale sole were made in 

two final rules: On November 4, 2009 

(74 FR 57117), and December 10, 2009 

(74 FR 65480). These specifications and 

management measures are at 50 CFR 

part 660, subpart G. 

The reduction to the bimonthly 

cumulative limit for minor slope 

rockfish and darkblotched rockfish in 

the limited entry bottom trawl fishery 

implemented by this action was 

recommended by the Council, in 

consultation with Pacific Coast Treaty 

Indian Tribes and the States of 

Washington, Oregon, and California, at 

its April 9 through April 15, 2010, 

meeting in Portland, Oregon. The 

elimination of incidental Pacific halibut 

(halibut) retention in the limited entry 

fixed gear primary sablefish fishery 

north of Point Chehalis, Washington 

(46°53.30′ N. lat.) is implemented in 

order to achieve consistency with the 

2010 halibut rule and Catch Sharing 

Plan published on March 18, 2010 (75 

FR 13024). These changes must be 

effective on May 1, 2010. 

On April 23, 2010, NMFS received a 

decision in the case of Natural 

Resources Defense Council v. Locke, 

Case No. C 01–0421 JL (N.D. Cal.) in 

which the court has ruled against NMFS 

on an issue relating to darkblotched 

rockfish. The court has not yet issued 

the Order on Remedy, and NMFS is in 

the process of determining the full 

implications of this decision. NMFS is 

publishing this rule as scheduled for the 

reasons described below. Upon further 

review of the court decision NMFS will 

determine whether additional measures 

may be needed with respect to 

darkblotched rockfish and will 

implement any such measures in a 

subsequent rule. 

Limited Entry Fixed Gear Sablefish 

Primary Fishery 

The International Pacific Halibut 

Commission (IPHC) sets the halibut total 

allowable catch (TAC) on an annual 

basis. A portion of the TAC is available 

to fisheries in Area 2A (waters off the 

U.S. West Coast). The Council’s Catch 

Sharing Plan (CSP) guides allocation of 

the Area 2A portion of the TAC to the 

various commercial and recreational 

fisheries in Area 2A. It provides that if 

the Area 2A TAC is greater than 900,000 

lb, the portion of the Washington sport 

allocation that is in excess of 214,110 lb 

is available to the primary directed 

sablefish fishery north of Point 

Chehalis. NMFS published the 2010 

halibut final rule and CSP on March 18, 

2010 (75 FR 13024). The final Area 2A 

halibut TAC for 2010 was adopted by 

the IPHC at their January 26 through 

January 29, 2010 meeting, and is below 

900,000-lbs (408–mt). Therefore, based 

on the CSP, no halibut quota is assigned 

to the limited entry fixed gear sablefish 

primary fishery. Since there is no 

halibut available for this fishery in 2010, 

no retention of halibut will be allowed 

in the limited entry fixed gear sablefish 

primary fishery north of Point Chehalis, 

Washington. 

The Council was notified of this issue 

at its March 6 through March 11, 2010 

meeting. Through this inseason rule, 

NMFS is eliminating the halibut 

retention allowance for the limited entry 

fixed gear sablefish fishery north of 

Point Chehalis, Washington (46°53.30′ 

N. lat.) to change the 2010 Pacific 

halibut possession and landing limits in 

this area from ‘‘100-lb (45-kg) dressed 

weight, head-on of halibut per fishing 

trip’’ to ‘‘no retention of halibut.’’ 

Limited Entry Trawl Fishery North of 

40°10.00′ N. lat. 

Catches of darkblotched rockfish in 

the limited entry trawl fishery north of 

40°10.00′ N. lat. are tracking ahead of 

projections. If no action were taken, and 

darkblotched rockfish catch rates 

remain higher than previously expected 

throughout the year, total coastwide 

catch of darkblotched rockfish through 

the end of the year is projected to be 369 

mt, exceeding the 2010 coastwide 

darkblotched rockfish OY of 291 mt by 

78 mt. Therefore, to slow catch of 

darkblotched rockfish and stay below 

the 2010 darkblotched rockfish OY, the 

Council at its April 9 through April 15, 

2010 meeting considered an inseason 

adjustment reducing ‘‘minor slope 

rockfish and darkblotched rockfish’’ 

cumulative limits in the area north of 

40°10.00′ N. lat. beginning on May 1, 

2010. The Groundfish Management 

Team (GMT), an advisory body to the 

Council, recommended reducing the 

bimonthly cumulative limit from 6,000 

lb (2722 kg) per two months to 2,000 lb 

(907 kg) per two months. With this 

change, if the species composition is 

unchanged under this lower limit, total 

coastwide catch of darkblotched 

rockfish through the end of the year is 

projected to be 285 mt, 6 mt below the 

2010 OY. 

Based on rationale described above, 

the Council recommended and NMFS is 

implementing a decrease in the limited 

entry trawl fishery cumulative limit for 

minor slope rockfish and darkblotched 

rockfish north of 40°10.00′ N. lat. from 

‘‘6,000 lb (2722 kg) per two months’’ to 

‘‘2,000 lb (907 kg) per two months’’ from 

May 1 through December 31. 

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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 23617 

Classification 

These actions are taken under the 

authority of 50 CFR 660.370(c) and are 

exempt from review under Executive 

Order 12866. 

This inseason adjustment is taken 

under the authority of: (1) The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), and is in 

accordance with 50 CFR part 660, the 

regulations implementing the FMP; and 

(2) the Halibut Act and its implementing 

regulations. This action is based on the 

most recent data available. The 

aggregate data upon which this action is 

based are available for public inspection 

at the Office of the Administrator, 

Northwest Region, NMFS, (see 

ADDRESSES) during business hours. 

For the following reasons, NMFS 

finds good cause to waive prior public 

notice and comment on the revision to 

groundfish management measures under 

5 U.S.C. 553(b) because notice and 

comment would be impracticable and 

contrary to the public interest. Also, for 

the same reasons, NMFS finds good 

cause to waive the 30-day delay in 

effectiveness pursuant to 5 U.S.C. 

553(d)(3), so that this final rule may 

become effective by May 1, 2010. 

The 2010 Pacific halibut TAC was 

adopted by the IPHC at its January 2010 

meeting and was presented to the 

Council at its March 5 through March 

11, 2010, meeting in Sacramento, 

California. The change for the limited 

entry fixed gear sablefish fishery 

described in this rule is based on the 

2010 TAC in conjunction with the 2010 

CSP. The fishery data upon which the 

change in the limited entry bottom trawl 

fishery was based was provided to the 

Council at its April 10 through April 15, 

2010, meeting in Portland, Oregon, the 

first Council meeting at which this data 

was available. These changes must be 

implemented by May 1, 2010 in order to 

avoid fisheries exceeding the 2010 

halibut TAC and the 2010 darkblotched 

rockfish OY. There was not sufficient 

time after the March and April Council 

meetings to conduct proposed and final 

rulemaking before these actions need to 

be in effect. For the actions to be 

implemented in this final rule, affording 

the time necessary for prior notice and 

opportunity for public comment would 

prevent the Agency from managing 

fisheries using the best available science 

to approach, without exceeding, the 

OYs or TACs for Federally managed 

species in accordance with the FMP, the 

CSP, and applicable laws. The 

adjustments to management measures in 

this document affect commercial 

fisheries off Washington, Oregon and 

northern California. 

These adjustments to management 

measures must be implemented in a 

timely manner to prevent the Area 2A 

portion of the 2010 halibut TAC from 

being exceeded. The elimination of 

halibut retention in the limited entry 

fixed gear sablefish primary fishery is 

intended to prevent exceeding the Area 

2A portion of the 2010 Pacific halibut 

TAC. These changes must be 

implemented in a timely manner, by 

May 1, 2010 which is when the 

incidental halibut retention allowance is 

currently scheduled to begin. 

These adjustments to management 

measures must be implemented in a 

timely manner to prevent the 2010 

darkblotched rockfish OY from being 

exceeded. The decrease to the ‘‘minor 

slope rockfish and darkblotched 

rockfish’’ trip limit in the limited entry 

non-whiting bottom trawl fishery is 

intended to prevent exceeding the 2010 

darkblotched rockfish OY, and prevent 

premature closure of fisheries that 

impact darkblotched rockfish, an 

overfished species. These changes must 

be implemented in a timely manner, by 

May 1, 2010, which is the start of the 

cumulative period. Even a short delay in 

implementation could allow fisheries to 

take the entire two month limit for this 

period. 

Delaying the implementation of this 

rule would impair achievement of the 

Pacific halibut Catch Sharing Plan 

objective to manage fisheries to remain 

within the TAC for Area 2A, while also 

allowing each commercial, recreational 

(sport), and Tribal fishery to target 

halibut in the manner that is 

appropriate to meet both the 

conservation requirements for species 

that co-occur with Pacific halibut and 

the needs of fishery participants in 

particular fisheries and fishing areas. 

Such delay would also impair 

achievement of the Pacific Coast 

Groundfish FMP objectives of providing 

for year-round harvest opportunities, 

extending fishing opportunities as long 

as practicable during the fishing year, 

and staying within the OY for 

darkblotched rockfish. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Indian fisheries. 

Dated: April 29, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

is amended to read as follows: 

Authority: 16 U.S.C. 1801 et seq. and 16 

U.S.C. 773 et seq. 

■ 2. In § 660.372, paragraph (b)(3)(iv) is 

revised to read as follows: 

§ 660.372 Fixed gear sablefish fishery 

management. 

* * * * * 

(b) * * * 

(3) * * * 

(iv) Incidental halibut retention north 

of Pt. Chehalis, WA (46°53.30′ N. lat.). 

No halibut retention is allowed during 

the primary sablefish fishery in 2010. 

* * * * * 

■ 3. Table 3 (North) to part 660, subpart 

G is revised to read as follows: 

BILLING CODE 3510–22–P 

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23620 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 

[FR Doc. 2010–10400 Filed 4–29–10; 4:15 pm] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100421192–0193–01] 

RIN 0648–AY78 and 0648–AY59 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Biennial Specifications and 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to groundfish management measures; 

Pacific whiting harvest specifications 

and tribal allocation; request for 

comments. 

SUMMARY: This final rule establishes the 

2010 fishery specifications for Pacific 

whiting in the U.S. exclusive economic 

zone (EEZ) and state waters off the 

coasts of Washington, Oregon, and 

California, as authorized by the Pacific 

Coast Groundfish Fishery Management 

Plan (FMP). These specifications 

include the level of the acceptable 

biological catch (ABC), optimum yield 

(OY), and allocations for the non-tribal 

commercial sectors. This final rule also 

announces the tribal allocation of 

Pacific whiting for the 2010 season and 

inseason adjustments of bycatch limits 

for the 2010 Pacific whiting fishery. 

DATES: Effective April 29, 2010. 

Comments on the revisions to bycatch 

limits must be received no later than 5 

p.m., local time on May 19, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AY78 by any of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736, Attn: Kevin C. 

Duffy. 

• Mail: Barry A. Thom, Acting 

Regional Administrator, Northwest 

Region, NMFS, Attn: Kevin C. Duffy, 

7600 Sand Point Way NE., Seattle, WA 

98115–0070. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Duffy (Northwest Region, 

NMFS), phone: 206–526–4743, fax: 206– 


WReier-Aviles on DSKGBLS3C1PROD with RULESER04MY10.277</GPH>